Criminal Statutes of Limitations: Time Limits for State Criminal Charges

The time limit for when prosecutors can file criminal charges is known as a criminal statute of limitations. Both state and federal laws forbid prosecutors from charging defendants with crimes beyond specified time limits.

Statutes of limitations can vary by jurisdiction and contain exceptions. Information about the statute of limitations in all 50 states can be found below. Some states have several tiers of felonies and a different time set for each particular offense. Other states have no criminal statutes of limitations at all. It is important to consult with a local criminal defense lawyer to understand the criminal statute of limitations in your state.

Purpose of Criminal Statutes of Limitations

Statutes of limitations were enacted to ensure fair, accurate trials. People should not have to worry indefinitely about the potential to face criminal charges.

Statutes of limitations also address the possibility of evidence deteriorating over time. A witness’s memory may fade; a key witness might move out of the area or pass away; physical evidence can be lost, or destroyed. Statutes of limitations encourage trials to happen sooner and reduce the risk of these consequences.

If the statute of limitations for a criminal offense runs out, prosecutors cannot charge you, and you are effectively free from criminal consequences.

One recent example exists in the sexual assault allegations against Bill Cosby. While many allegations against Cosby for assaulting women gained public attention in 2014, only one relatively recent incident actually resulted in criminal charges. Other charges could not be brought because the statute of limitations had run out on most of the cases. In Pennsylvania, where some of the alleged incidents occurred, the statute of limitations for sexual assault and rape is 12 years. Therefore, Cosby was only charged for incidents that allegedly occurred within the previous 12 years, and prosecutors could not charge Cosby in the older cases.

Changes in Statutes of Limitations

State criminal statutes of limitations may change from time to time, so it is important to stay up to date with the local laws. Historically, offenses such as domestic violence and rape had strict statutory periods, preventing prosecution in a vast number of cases.

With societal shifts and technological advances, a number of states are moving toward allowing longer periods of time in which to prosecute these cases. Some states have completely done away with statutes of limitations for sexual or domestic violence offenses.

DNA evidence has also affected the length of statutes of limitations. Some states allow for longer periods of time for prosecution when forensic DNA evidence positively identifies a suspect.

Starting the Statute of Limitations Clock

When does the clock start ticking? In most cases, the limitation “begins to run” when the crime occurs. In some cases, the statute of limitations may not begin until law enforcement discovers the crime or victims report the crime to police. This policy is designed to accommodate certain crimes, like fraud, child abuse, or sexual abuse, that can either be difficult to detect right away or difficult for victims to report right away.

Tolling the Statute of Limitations

In some cases, a “tolling” of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a suspect goes into hiding or leaves the state where the crime was committed.

Most often, state statutes of limitations require a suspect to remain within the state, visible and employed. This gives law enforcement time to conduct an investigation within the area. On the other hand, if a suspect is in hiding or living out of state or out of the country, their statutory time clock will pause and only restart when the suspect returns to the area.

Even with tolling, most states will still set a maximum amount of time to file charges. Florida’s maximum extension for their criminal statutes of limitation is three years; New York’s is five.

No Statutes of Limitations for Some Crimes

Some crimes have no statutes of limitations. For example, murder typically has none. Sexual crimes against minors and violent crimes have none in many states. In some states, crimes that involve public funds have no statutes of limitations.

In other states, a felony’s classification will affect its statute of limitations. For instance, New York does not have a statute of limitations for first-degree murder, rape, and Class A felonies. Beyond that, their statutes of limitations are complex and depend on the circumstances of each case.

In a few states, such as Kentucky, West Virginia, and North Carolina, there is no statute of limitations on felony charges. A few others, including South Carolina and Wyoming, have no statutes of limitations for any criminal charges.

Statutes of Limitations by State

For a better idea of the statutes of limitations for certain offenses in your area, take a look at the specific statutes for your state below. A criminal defense lawyer can often help give you a better idea about whether a prosecutor can charge you with a crime.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Alabama

Felonies: No statutes of limitations in the case of capital offenses, violent offenses, arson, forgery, counterfeiting, drug trafficking, and any sex crimes involving minors; five years for nearly all other felony offenses

Misdemeanors: One year (with some exceptions)

Code section: Title 15, Chapter 3

When statute tolls: If an indictment is lost or destroyed and a new indictment is later issued, the time that elapsed between the two indictments does not count toward the statutory period

Alaska

Felonies: No statute of limitations for murder, attempted murder, murder-related offenses, felony sexual abuse of a minor, sex trafficking someone under 20, distribution of child pornography, human trafficking, sexual assault, kidnapping, and felonies committed against minors; 10 years for most other felonies

Misdemeanors: Five years

Code section: 12.10.010

When statute tolls: If a suspect goes into hiding to avoid prosecution, the statute of limitations may be extended by up to three years

Arizona

Felonies: No statute of limitations for capital offenses like homicide, conspiracy to commit homicide, terrorism, violent sexual assault, certain abuses of public funding and records, or unlawful uses of biological or radioactive substances; seven years for Class 2 through Class 6 felonies

Misdemeanors: One year for misdemeanors; six months for petty offenses (any offense that would only warrant a fine)

Code section: 13-107

When statute tolls: The statutory clock does not run when the suspect is a fugitive from the law or when the identity of a criminal suspect is unknown

Arkansas

Felonies: Arkansas has a detailed breakdown of different felonies and their associated statutes of limitations:

• No statute of limitations for murder or for rape when a positive DNA match is established or the victim was a child, sexual assault, other sex crimes against children, capital murder, or murder in the first or second degree
• Before the victim is 28 years old if the sexual assault was against a minor and the violation had not been previously reported to law enforcement
• 10 years for arson
• Six years for Class A or Class Y felonies
• Five years for felonies committed by public servants
• Three years for Class B, C, D, or unclassified felonies
• Three years for insurance fraud with an additional two years added to the period for any insurance fraud involving a vehicle
• One year for other fraud or breach of fiduciary duty

Misdemeanors: One year

Code section: 5-1-109

When statute tolls: The statute of limitations may be extended by up to three years if the accused is continually absent from the state or there is pending prosecution for the same conduct within the state

California

Felonies: No statute of limitations for murder, other capital offenses, embezzlement of public funds, violent sex offenses, or offenses punishable by maximum term of life imprisonment; ten years for production of child pornography; six years for felonies punishable by term of imprisonment for eight years or more; three years for other felonies punishable by term of imprisonment

Until the victim’s 40th birthday for felony sex offenses committed when the victim was a under the age of 18.

Misdemeanors: One year for most misdemeanors; two years for sexual exploitation by medical professionals; three years for misdemeanors committed against minors under the age of 14

Code section: Penal Code Sections 799-805

When statute tolls: There is a maximum extension of three years if a suspect is not in California when the crime is committed or leaves the state after

Colorado

Felonies: No statute of limitations for capital offenses including murder, attempted murder, kidnapping, treason, forgery, and sex offenses against a child; either three or five years for vehicular homicide depending on the circumstance; three years for other felonies

Misdemeanors: 18 months

Code section: 16-5-401

When statute tolls: There is a maximum extension of five years if a suspect leaves the state or three years for certain offenses concealed by fraud. For some criminal acts, the period for prosecution begins to run upon the discovery of offense

Connecticut

Felonies: No statute of limitation for murder, most sexual offenses involving minors, forgery, treason, aggravated incest, certain instances of sexual assault reported within 10 years with DNA evidence, or for vehicular homicide and leaving the scene of an accident that resulted in death; twenty years for other sexual assault felonies; and five years for most other felonies

Misdemeanors: One year

Code section: 54-193

When statute tolls: If the suspect is absent from the state, it may be brought against the suspect at any time within such period, during which the suspect resides in the state after the offense

Delaware

Felonies: No time limit for carrying out or attempting murder, or any Class A felony or sexual offenses where the victim is a minor; five years for all other felonies unless DNA evidence is found within 10 years from the time of the crime

Misdemeanors: Three years for Class A misdemeanors; two years for Class B, C, or unclassified misdemeanors as well as other criminal violations

Special extensions: The Delaware criminal statute of limitation may be extended for:

• Up to two years for offenses committed by a public officer or employee while in office
• Up to three years for offenses including forgery, fraud, breach of fiduciary duty, misapplication of property, or concealed theft after the discovery of the crime or from the point someone should have reasonably been aware the crime occurred

Code section: Title 11 Section 205

When statute tolls: The clock does not run while the suspect flees the state, fails to receive proper notice of the charges from the prosecution, or during a period of time when the suspect is facing pending charges for the same criminal conduct

District of Columbia

Felonies: No time limit for first or second-degree murder, murdering law enforcement or public employees, terrorism, sexual abuse, or incest; 10 years for other sexual crimes or trafficking, including those committed against a minor; six to three years for all other felonies

Misdemeanors: Three years

Code section: 23-113

When statute tolls: The clock does not run while the suspect is fleeing the District to avoid prosecution, has pending charges in the District for the same offense, or until the victim of a sexual crime as a minor turns 21 years old

Florida

Felonies: No time limit for any capital offense that may result in the death penalty or life imprisonment; four years for first-degree felonies; three years for all other felonies

Misdemeanors: Two years for first-degree misdemeanors; one year for second-degree misdemeanors or violations

Special exception: Florida law allows the prosecution to bring criminal charges at any time after the identity of the alleged criminal is established by DNA evidence or should have been established for a number of crimes

Code section: 775.15

When statute tolls: There is a maximum extension of three years if a suspect leaves the state to avoid prosecution; crimes involving video voyeurism may be extended up to one year

Georgia

Felonies: No time limit for murder; 15 years for forcible rape; seven years for offense punishable by death or life imprisonment or for crimes committed against victims under 18 years old; four years for other felonies

Misdemeanors: Two years

Special Exception: Armed robbery, kidnapping, rape, and certain aggravated sexual offenses can be brought at any time when DNA evidence is used to establish the identity of the alleged offender

Code section: 17-3-1

When statute tolls: The clock does not run while the suspect resides outside the state or during the period when the crime is unknown

Hawaii

Felonies: No statute of limitations for first- or second-degree murder or attempted murder, sex trafficking, and first- or second-degree sexual assault offenses; 10 years for manslaughter (non-vehicular); six years for Class A felonies; five years for offenses against property rights; three years for other felonies

Misdemeanors: Two years for general misdemeanors or parking violations; one year for petty misdemeanors or other violations

Special extensions: The statutory period may be extended by up to six years upon discovery for offenses of fraud or breach of fiduciary duty, three years upon discovery of offenses committed by public officials, or 10 years for felony offenses involving DNA evidence of the alleged offender

Code section: 701-108

When statute tolls: There is a maximum extension of four years when a suspect leaves the state, is pending prosecution in the state for the same conduct, or where the victim of the crime is alive and under 18 years old

Idaho

Felonies: No time limit for murder, voluntary manslaughter, rape, sexual crimes involving a child, or terrorism; five years for other felonies with the exception of three years for ritualized abuse or female genital mutilation of a child

Misdemeanors: One year for general misdemeanors; two years for refiling previously dismissed misdemeanors; four years for failure to report child abuse, abandonment, or neglect; five years for misuse of public funds

Code section: Title 19 Chapter 4

When statute tolls: The clock does not run while the suspect is not an inhabitant or resident of the state

Illinois

Felonies: No time limit for first- and second-degree murder, attempt or solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, forgery, arson, child pornography, or major sexual assault offenses; seven years for identity theft, theft exceeding $100,000 of value, or financial exploitation of a person who is elderly or has a disability; three years for all other unspecified felonies

Misdemeanors: 18 months

Code section: 720 ILCS 5/Article 3

When statute tolls: Illinois law allows for the statutory period to toll in instances where:

• The alleged offender is not a resident or not usually located within the state
• The alleged offender is pending, currently involved in, or appealing prosecution for the same criminal offense
• A material witness to the crime is in the military and on active duty orders or on leave
• The alleged offender is a public officer who is being charged with misuse of public funds while holding public office

Indiana

Felonies: No time limit for murder or for Class A felonies; sex crimes committed against minors must be brought before the victim is 31 years old; five years for most felonies with an extension of one year of sufficient DNA evidence

Misdemeanors: Two years

Code section: 35-41-4-2

When statute tolls: The clock does not run while the suspect resides outside the state, conceals themselves to avoid prosecution, conceals evidence, or holds public office if they are charged with bribery or theft of public funds

Iowa

Felonies: No time limit for murder; 15 years after a minor victim turns 18 for most sexual crimes involving minors, 10 years for most sexual crimes for adults or within three years after the offender is identified by DNA evidence; 10 years for kidnapping or human trafficking; three years for other aggravated felonies

Misdemeanors: Three years for serious misdemeanors; one year for simple misdemeanors

Code section: Title XVI Chapter 802

When statute tolls: The clock does not run while the suspect resides outside the state or holds public office if they are charged with a crime in connection to their duties but may only be extended up to five years for offenses involving fraud or bribery

Kansas

Felonies: No time limit for murder, rape, aggravated sodomy, or terrorism; 10 years for victims in the state public employee retirement system; either 10 years or within one year of DNA evidence establishing the identity of the offender (whichever occurs later) for most sexually violent crimes; five years for other unspecified felony offenses

Misdemeanors: Five years

Code section: 21-5107

When statute tolls: The clock does not run while the suspect is hidden or out of state, the crime is concealed, or the suspect is facing pending prosecution for the same type of crime

Kentucky

Felonies: No statutes of limitations

Misdemeanors: One year

Code section: Penal Code 500.050

Statute tolls: If a minor is a victim of a misdemeanor sex offense, the prosecution may pursue charges for up to ten years after the victim turns 18 years old

Louisiana

Felonies: No statute of limitations for murder, rape, or any crime punishable by death or life imprisonment; 30 years for other serious sexual offense and if the victim was a minor (this time period starts when the victim turns 18 years old); six years for offenses punishable by term of imprisonment by hard labor; four years for other offenses

Misdemeanors: Two years for offenses punishable by a fine, prison time, or both; six months for offenses punishable by fine or forfeiture

Code section: Code of Criminal Procedure 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, and 583

When statute tolls: The clock does not run for instances such as:

• When the suspect is hiding, out of state, or flees the state to avoid prosecution
• When the suspect lacks the mental capacity to stand trial
• When the suspect fails to appear in court after being properly notified and the legal proceedings have already begun
• Until the crime is discovered by the victim for video voyeurism offenses
• Until a crime against the Firefighter’s Retirement System is discovered by the FRS

Maine

Felonies: No time limit for murder, first- or second-degree homicide, incest, rape, gross sexual assault, unlawful sexual contact, or sexual abuse of a minor; 8 years for Class A, B, or C felonies involving unlawful sexual contact or gross sexual assault; six years for other Class A, B, or C offenses

Misdemeanors: Three years for Class D or E offenses

Code section: Criminal Code Title 17-A Section 8

When statute tolls: The statute does not run for up to five years when the suspect leaves the state; any time there is prosecution pending against the suspect for the same conduct in the state, including in Juvenile Court; or up to six months if the charges were dropped due to an error to allow the prosecution time to refile charges

Maryland

Felonies: Generally, there is no time limit for felony offenses unless otherwise specified by statute

Misdemeanors: No time limit for misdemeanors punishable by prison (as opposed to jail) time; three years for welfare offenses; one year for other misdemeanors

Code section: 5-106 et seq.

When statute tolls: None

Massachusetts

Felonies: No time limit for murder or sexual offenses involving minors (but charges filed after 27 years have specific evidentiary requirements); 15 years for rape and sexual assault crimes against children; 10 years for robbery or intent to rob/murder with a deadly weapon; six years for other felonies

Misdemeanors: Six years

Code section: M.G.L. Chapter 277 Section 63

When statute tolls: The clock does not run while the suspect resides outside the state; for sex crimes involving children, the clock does not run until the child turns 16 or the crime is first reported, whichever occurs first

Michigan

Felonies: No time limit for murder, conspiracy or solicitation to commit murder, first-degree sexual offenses, or other offenses punishable by life imprisonment; 25 years for human trafficking offenses covered under Theresa Flores’s Law; 15 years or by the victim’s 28th birthday for second- or third-degree sexual offenses against minors; 10 years for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery, or first-degree home invasion; six years for other felonies

Misdemeanors: Six years

Code section: Section 767.24

When statute tolls: The clock does not run while the suspect resides outside the state

Minnesota

Felonies: No time limit for murder, manslaughter, kidnapping, trafficking minors, sex trafficking, criminal sexual misconduct, or sexual extortion; six years for labor trafficking adults, bribery, or medical assistance fraud; five years for arson or environmental offenses; three years for other felonies

Misdemeanors: Three years

Code section: Sec. 628.26

When statute tolls: The suspect resides outside the state or participates in a pre-trial diversion plan

Mississippi

Felonies: No time limit for murder, manslaughter, rape, aggravated assault, kidnapping, arson, domestic violence, burglary, forgery, robbery, counterfeiting, embezzlement, financial fraud, human trafficking, abuse, or sex crimes against children; six years for larceny of timber; five years for conspiracy; two years for other felonies

Misdemeanors: Two years

Code section: 99-1-5

When statute tolls: While the suspect resides outside the state

Missouri

Felonies: No time limit for murder, first-degree rape, sodomy, unlawful sexual offenses, or Class A offenses; five years for most arson-related felonies; three years for other felony offenses

Misdemeanors: One year for misdemeanors; six months for infractions

Code Section: Section 556.036

When statute tolls:

• Up to three years when the suspect is absent from the state
• Any time when the suspect conceals themselves to avoid prosecution
• Any time there is existing prosecution against the suspect for the same offense within the state
• Any time the suspect is found mentally unfit
• Any time after DNA evidence identifies a match to the suspect

Montana

Felonies: No time limit for deliberate or negligent homicide; 10 years from the 18th birthday of the victim of sexual crimes against a minor; five years for other felony offenses

Misdemeanors: One year for most misdemeanors; three years for crimes related to wildlife and outdoor activity or reckless driving

Special extensions: An additional one year is added for offenses against minors and mentally incompetent adults involving a breach of fiduciary duty or certain computer crimes

Code section: 45-1-205

When statute tolls: While the suspect resides outside the state

Nebraska

Felonies: No time limit for treason, murder, arson, forgery, first- or second-degree sexual assault, third-degree sexual assault of a child, incest, creating or selling child pornography, or trafficking of a minor; the latter of seven years from the offense or the victim’s 16th birthday for possession of child pornography, kidnapping, child abuse, or pandering; three years for most other felonies

Misdemeanors: 18 months to one year

Code section: 29-110

When statute tolls: If the suspect is fleeing from justice, the statutory period may be extended indefinitely

Nevada

Felonies: No time limit for murder or terrorism. No limit for sex trafficking if the victim files a written report within 4 years of trafficking. No limit for sexual assault with DNA evidence identifying the suspect, or if a written report was filed with law enforcement within 20 years; four years for theft, robbery, burglary, forgery, sex trafficking, or arson; three years for most other felonies unless specified otherwise by statute

Misdemeanors: Two years for gross misdemeanors; one year for lesser offenses

Code section: Nevada Revised Statutes 171.080, 171.082, 171.083, 171.084, 171.085, 171.090, 171.095, and 171.100

When statute tolls: In cases of child sexual abuse or trafficking, the victim has until their 36th birthday to discover or reasonably should have discovered the crime or until their 43rd birthday if they could not reasonably discover the crime

New Hampshire

Felonies: No time limit for murder, assisting or concealing murder, or hindering a murder investigation; 20 years for sexual offenses or within 22 years of the victim’s 18th birthday if the victim was a minor; six years for Class A and B offenses or unemployment compensation crimes; three years for hunting or off-roading offenses;

• Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and is not a party to the offense for a theft where property was misappropriated or for any offense where a material element is either fraud or a breach of fiduciary duty.
• At any time when the defendant is in public office or within two years thereafter for any offense based upon misconduct in office by a public servant

Misdemeanors: One year for misdemeanors; six months for violations involving motor vehicle accidents resulting in death or serious bodily injury; three months for violations

Code section: Criminal Code Section 625:8

When statute tolls: The clock does not run when the suspect is absent from the state, already facing prosecution for the same conduct, or anytime the suspect is in public office or within two years thereafter

New Jersey

Indictable offenses (felonies): No time limit for murder, manslaughter, terrorism, or sexual assault; seven years for bribery, official misconduct, or any attempt or conspiracy to commit these offenses; five years from the victim’s 18th birthday or two years after the discovery of other indictable offenses when a minor is a victim, whichever is later; five years for other unspecified offenses

Disorderly person offenses (misdemeanors): One year for general or petty offenses

Code section: 2C: 1-6

When statute tolls: If the suspect is fleeing from justice or facing prosecution for the same conduct, the statutory period may be extended indefinitely

New Mexico

Felonies: No time limit for capital or first-degree felonies; six years for second-degree felonies; five years for 3rd and 4th degree felonies such as larceny; five years for tax-related offenses starting from December 31st of the year the crime occurred; three years for other felonies, including unemployment fraud

Misdemeanors: Two years for misdemeanors; one year for petty misdemeanors

Code section: 30-1-8 through 30-1-9.2

When statute tolls: The clock does not run while the suspect resides outside the state or until a suspect is positively identified when DNA evidence exists but not yet matched with a suspect

New York

Felonies: No time limit for Class A felonies, murder, first-degree rape, sexual misconduct against a child, and aggravated sexual abuse; eight years for terrorism; one year from discovery or when discovery should have occurred for larceny violating a fiduciary duty; five years for other unspecified felonies

Misdemeanors: Two years for general offenses; one year for petty offenses;

Code section: Section 30.10

When statute tolls: If a suspect goes into hiding, the statute may extend up to three years; criminal charges relating to official misconduct may be brought at any time while the suspect is holding office or five years thereafter

North Carolina

Felonies: None

Misdemeanors: No time limit for malicious offenses committed with willful malice; two years for other offenses

Code section: G.S. § 15-1

When statute tolls: Not applicable

North Dakota

Felonies: No time limit for murder; 21 years or within three years of reporting with DNA evidence identifying the suspect for sexual crimes against children; seven years for human trafficking or gross sexual imposition; three years for other unspecified offenses

Misdemeanors: Two years

Code section: North Dakota Century Code 29-04-01 through 29-04-05

When statute tolls: The clock does not run while the suspect resides outside the state

Ohio

Felonies: No time limit for murder; 20 years for high-level felonies such as rape, sexual crimes against minors, kidnapping, arson, robbery, or attempting or conspiring to commit any of these crimes; six years for other unspecified non-capital offenses; two years for misconduct in public office

Misdemeanors: Two years for general misdemeanors; six months for minor misdemeanors

Code section: 2901.13

When statute tolls: If the suspect is fleeing from justice or facing prosecution for the same conduct, the statutory period may be extended indefinitely

Oklahoma

Felonies: No time limit for murder; seven years for rape, sexual offenses against children, bribery, falsifying public records, or misappropriation of public assets, but statutes may be extended three years with DNA evidence identifying the suspect; five years for conspiracy, embezzlement, or state tax offenses; three years for unspecified offenses

Misdemeanors: Three years

Code section: 22-151 through 22-153

When statute tolls: The clock does not run while the suspect resides outside the state or absent from the state

Oregon

Felonies: No time limit for murder or manslaughter; 12 years for first-degree sexual offenses or crimes against minors by the victim’s 30th birthday; six years for second-degree sexual offenses or crimes against minors by the victim’s 30th birthday; four years for identity theft, fraud, arson, or third-degree sexual offenses and crimes against minors by the victim’s 22nd birthday; three years for other unspecified offenses

Misdemeanors: Two years for misdemeanors; four years for sexual misdemeanors; six months for violations

Code section: 131.125

When statute tolls: The clock does not run when the suspect is absent from the state, hides within the state, or not a resident of the state for up to three years

Pennsylvania

Felonies: No time limit for murder offenses, felonies connected with a murder, voluntary manslaughter, vehicular homicide, or aggravated assault when the suspect knows the victim is law enforcement; 12 years for rape, incest, or sexual abuse of children; eight years for offenses committed by public employees or anytime during their employment; five years for aggravated assault, arson, kidnapping, burglary, prostitution, intimidating a witness or victim, perjury, terrorist threats, forgery, or insurance fraud; two years for unspecified felonies

Misdemeanors: Two years

Code section: Pennsylvania Statutes Title 42 §§ 5551 through 5554

When statute tolls: If the suspect is fleeing from justice or facing prosecution for the same conduct, the statutory period may be extended indefinitely; when a minor is a victim of a sex crime, the clock does not begin to run until the victim turns 18

Rhode Island

Felonies: No time limit for serious offenses such as murder, rape, sexual assault, child molestation, bigamy, arson, counterfeiting, conspiracy, treason, burglary, forgery, or the manufacturing, distributing, or possession of controlled substances; 10 years for larceny, bribery, racketeering, extortion, antitrust violations, or any attempt or conspiracy to commit any of these offenses; three years for other unspecified felonies

Misdemeanors: Three years

Code section: Rhode Island General Laws § 12-12-17

When statute tolls: If an indictment has been stolen or destroyed, a new indictment may be filed within one year regardless of the elapsed time

South Carolina

Felonies and Misdemeanors: No statutes of limitations.

Code Section: The South Carolina Code of Laws does not include criminal statutes of limitations

When statute tolls: Not applicable

South Dakota

Felonies: No time limits for Class A, Class B, or Class C felonies including murder; seven years for all other felonies

Misdemeanors: Seven years

Code section: Chapter 23A-42

When statute tolls: The clock does not run while the suspect is absent from the state

Tennessee

Felonies: No time limit for murder or crimes punishable by death or life imprisonment; 15 years for Class A offenses; eight years for Class B offenses or arson; six years for defrauding the state, evading or failing to pay taxes, or fraudulent tax returns; four years for Class C or D offenses; two years for Class E offenses; three years for other unspecified offenses; when the child reaches 21 years of age for sex crimes against a child

Misdemeanors: One year for general misdemeanors; six months for offenses relating to gaming

Code section: Tennessee Code 40-2-101

When statute tolls: The clock does not run while the suspect resides outside the state or while the crime is being concealed; in certain offenses where the victim is a child, the statute begins running when the child turns 18 years old

Texas

Felonies: No time limit for murder, manslaughter, aggravated sexual assault, underage sex crimes, or sexual assault if there has been no DNA testing or match; 10 years for forgery, trafficking, compelling prostitution, arson, injuries to an elderly or disabled person, or theft by a public official or involving a fiduciary duty; seven years for certain tax crimes, fraud, identity theft, credit or debit card abuse, bigamy, exploiting a child or elderly person, or using a document to execute a document; five years for other theft offenses, insurance fraud, or abandoning or endangering a child; three years for unspecified offenses

Misdemeanors: Two years

Code section: Texas Code of Criminal Procedure 12.01 through 12.07

When statute tolls: The clock does not run while the suspect is not in the state or pending charges for the same conduct in the state; the day of the crime and the day of the indictment do not count toward the statute of limitation; if the victim is under 18 years old, the time period may be extended from 10 to 20 years, depending on the offense

Utah

Felonies: No time limit for murder, manslaughter, major sex crimes, aggravated kidnapping, and sex crimes against children; eight years for forcible sexual abuse or incest; four years for other felony or negligent homicide actions; three years for official misconduct, fraud, or breach of fiduciary duty; two years for misuse of public funds or bribery

Special Exception: If DNA evidence is used to positively identify the suspect, the statute of limitations may be changed by statute

Misdemeanors: Two years for misdemeanors; one year for infractions

Code section: Utah Code §§ 76-1-301, 301.1, 301.5, 302, 303, 304, 305, 306

When statute tolls: The clock does not run while the suspect resides outside the state

Vermont

Felonies: No time limit for aggravated sexual assault, sexual assault, sexual exploitation of a minor, human trafficking, aggravated human trafficking, murder, manslaughter, arson causing death, or kidnapping; 40 years for other sex crimes involving a minor; 11 years for aggravated domestic assault or arson; six years for grand larceny, bribery, forgery, specific fraud or tax offenses, lewd and lascivious conduct, or sexual abuse of a vulnerable adult; three years for other unspecified offenses

Misdemeanors: Three years

Code section: 13 V.S.A. § 4501

When statute tolls: Not specified in the Vermont law

Virginia

Felonies: No time limit for murder, rape, sodomy, sexual penetration with an object, aggravated or infected sexual battery, or any attempt of these offenses; five years for unlawful creation of the image of another or animal cruelty (excluding agricultural animals); other offenses have no limit, or a limit attached to the particular offense

Misdemeanors: One year for most misdemeanors; two years for attempt to produce an abortion, malfeasance in office or building code violations, or unauthorized practice of law; three years for false presentation of Virginia employment benefits, evading or failing to pay taxes, unlawful sales of freshwater fish or wild animals, real estate board violations, or certain toxic substance offenses; five years for petit larceny

Code section: Virginia Code §§ 19.2-8 and 19.2-8.1

When statute tolls: The clock does not run during the period that a suspect is fleeing state justice or concealing themselves in the state to avoid prosecution

Washington

Felonies: No time limit for murder, arson if death results, homicide, and rape or molestation of a minor under 16; 20 years for indecent liberties or first- or second-degree rape; 10 years for attempted murder, human trafficking, third-degree rape, incest, public official misconduct relating to duties, or arson; six years for money laundering, bigamy, identity crimes, theft; five years for other Class C felonies; three years for other unspecified offenses

Special extensions: If the victim is under 18 years old at the time of the crime, the statute may be extended up to the victim’s 30th birthday if later than the time period allotted by the statute

Misdemeanors: Two years for gross misdemeanors; one year for other misdemeanors

Code section: 9A.04.080

When statute tolls: The clock does not run while the suspect resides outside the state or not usually in the state

West Virginia

Felonies: There is no time limit for felonies in West Virginia

Misdemeanors: Three years for petty larceny or perjury charges; one year for all other misdemeanors

Code section: § 61-11-9

When statute tolls: If an indictment is stolen, lost, or destroyed, a new indictment may be issued and any time that elapsed between the loss of the first indictment and the processing of the second indictment is not counted as part of the statutory period

Wisconsin

Felonies: No time limit for murder, attempted or committed first-degree homicide, second-degree intentional homicide, or attempted or committed first-degree sexual assault; until the victim turns 45 years old for certain sexual crimes against children; 15 years for second-degree reckless homicide; 10 years for second or third-degree sexual assault; six years for other offenses

Special extensions: Certain crimes may be extended up to one year if DNA evidence positively identifies the suspect, criminal misappropriation of property can be extended by 5 years

Misdemeanors: Three years

Code section: 939.74

When statute tolls: The clock does not run while the suspect remains hidden or resides outside the state; the statutory period may be extended “due to the effects of the sexual contact or due to any threats, instructions, or statements from the therapist”

Wyoming

Felonies: No statute of limitations

Misdemeanors: No statute of limitations

Code section: Wyoming law does not address criminal statutes of limitations

When statute tolls: Not applicable

Contact a Criminal Defense Lawyer in Your State

In many states, charges for a serious felony offense can be brought years after the crime occurred. If you were involved in a felony, get legal help as soon as possible because you can be brought into court years later, even if you think you have moved on with your life.

It is important to have a knowledgeable criminal defense lawyer on your side who understands what the applicable time period is in your state. If you are prosecuted for an incident from your past, you need to hire an attorney to reduce the risk of a wrongful conviction in your case. An initial consultation with a criminal defense lawyer should help you understand your legal defense options.